D. Exceptions to placement in independent adoptions: Placement is not required in independent adoptions if the following circumstances exist:

(1) Stepparent exception: A stepparent shall comply with all of the provisions of the Act except as provided in Sections 32A-5-12 and 32A-5-32 NMSA 1978. See Section 33 [now 8.26.3.33 NMAC].

(2) Relative or person named in deceased parent’s will exceptions: If the adoptee has resided for one year prior to the filing of the petition for adoption with a petitioner who is a relative of the adoptee within the fifth degree of consanguinity as defined by Section 32A-5-12C (2) NMSA 1978, or is a petitioner who was named in the adoptee’s deceased parent’s will, the petitioner shall comply with all the provisions of the act except as follows:

(a) placement including a pre-placement study unless ordered by the court;

(b) post-placement report unless ordered by the court; and

(c) the court may shorten or waive the ninety day waiting period from the filing of the petition for adoption and the entry of the decree of adoption required in Section 32A-5-36(F)(6) NMSA 1978.

E. Full disclosure: Prior to placement, full disclosure as defined in Section 32A-5-3(G) NMSA 1978 is required and the full disclosure form shall be completed. The current full disclosure form may be obtained from the department. An addendum to the pre-placement study shall be prepared providing full disclosure if the adoptee is identified after preparation of the pre-placement study. If additional full disclosure information is obtained after placement, full disclosure shall be made in the post-placement report. See Section 18.4 [now Subsection D of 8.26.3.18 NMAC].

(1) All full disclosure information is confidential and shall not be disclosed to anyone who is not a party to the adoption.

(2) All full disclosure documents are the property of the person providing the documents.

(3) If a prospective adoptive family decides not to accept the adoptive placement after full disclosure, the prospective adoptive family shall return all of the full disclosure documents provided to them and shall not disclose any of the full disclosure information.

G. Subsidy: In order for an adoptee to be eligible for adoption subsidy, the adoptee is required to be placed by the department or a New Mexico licensed child placement agency. See Section 32A-5-44(A) NMSA 1978.

[01/01/98; Recompiled 11/30/01]